It's something we all fear, you are sitting in your home, with your companions who are inside, and suddenly there is a knock on your door. It is an Animal Control Officer from your local jurisdiction. The AC officer is saying that he is going to confiscate your animal. A complaint was filed that your animal has been running loose in the streets and is terrorizing the neighborhood. This is just a routine investigation and you have nothing to worry about, or DO YOU????

Below is the story of Steve M., an owner of our choice of companions. This is a recent story and I hope that you take heed to what he has to say about the experience he is going through.

May 13TH:

At around 11 p.m. the dogs (notice he says dogs, not wolfdogs or hybrids) forced the locked gate open, the latch actually bent.  I looked all around for them and could not find them. At 6 a.m. Loki was sleeping at the front gate, still no Macuwi. I drove around again looking for Macuwi, but could not find him.

I went to work, the school called the Animal Control (AC) because Macuwi was up there, stuck inside a fenced baseball field. AC came to our house telling my wife to go get the dog.....no problem.   My wife calls me and tells me what is going on.

A little while later, my wife calls again.  AC is back and they're trying to confiscate the dogs.  I told her to stand her ground and I'd be right there.

Apparently, when AC called the vet about their rabies and license, they had Loki listed as a wolf-mix, their interpretation - predominately wolf (over 50%).

Statue states "no wolf or exotic animal may reside within the city." Their interpretation A wolf is anything over 50% (it does not mention crosses, it's the AC's interpretation of the law.) Animal Control tried to seize, we refused . . . insisted on them providing us with the PROPER STATUTES and ORDINANCES.

AC tried to "tell" me they could do what they wanted, they "were the law." I corrected them and stated they only have as much jurisdictional authority as the city gave them.

I again insisted on their jurisdictional authority. He provided it . . .  I read it, and it says them "have the right to seize hurt or abused animals only.  I called him on it and read it back to him.

They insisted they "had" an ordinance that stated 50% wolf was illegal, I insisted they "produce" such a document.  They said they would at the pound when they take the dogs.

I said "no way are you taking my dogs until they could come up with either a COURT ORDER or the PROPER STATUTES stating they have the authority to do such a thing. A few rounds of this and they called a supervisor. I sent my first message to alert the Guardians of Wildlife board members....

Supervisor arrived, we went a few rounds with him, he called for police backup and his supervisor. Went a few rounds with the police officer. All the while stating I would release them if they could produce either a COURT ORDER or  the PROPER ORDINANCES that state they have the jurisdictional right to seize my property.

He looked at me and said, "You mean you are going to take it that far?"  I replied, "Yes, I intend to stand up for my rights and unless you can either produce the jurisdictional authority or a court order I will not release them."

The police officer insisted he would arrest us for obstructing justice if we insisted on standing our ground and not releasing the dogs. ( They kept calling them WOLVES, I kept correcting them.)

I insisted to the police officer  I would freely release them as soon as they came up with the statutes stating they had jurisdictional authority to do such a thing, or a court order.  Therefore,  I was not obstructing justice, but was protecting my rights under the constitution of the United States.  I further stated that if they stepped beyond their authority they would become personally liable for their actions and the city would not back them up.

The police officer then told me he could take them on a dangerous animal law. He proceeded to tell me how they took a man's dog from him inside his house. I stated that wouldn't work in this case  because they would first have to prove "dangerous animal" in a court of law before it could be deemed a dangerous animal.

By this time, I could tell that they were getting pretty upset with me, but I was holding them to the letter of the law and wouldn't let them push  me around.

OK, police officer took my drivers license to see if I had any outstanding warrants, started writing some ticket.  (I think for obstruction, don't know because I never received it).

The AC's main person arrived, said that the regulation prohibiting 50% and greater crosses was in the wild & exotic animal clause from the above, given the vets wolf-mix status on Loki they determined him predominately wolf and thus illegal under the statue.

 I finally got rid of them, after receiving three tickets:

1.  Macuwi, no city license.....said they would drop when I license him.
2.  Macuwi, expired rabies vaccination.
3.  Loki, Harboring a wild animal within the city limits.... In addition, I must have him out of the city within 24 hours, 10:00 a.m. on May 15th.  If I refuse, they would arrest me for obstruction of justice and remove Loki.

All the while they were wanting us to release them to AC, so they could call a vet to determine if they were over 50% wolf.  But you all know what would have happened if I released them to their care......

I did get Loki out to a kennel in another city and county, built a temporary pen in the country for both of them.

MORAL OF STORY.....

The law states NOTHING about hybrids or wolf cross animals....They are just making up their own laws about wolfdogs......

Steve M.

The reality of the facts are that once Animal Control has your companion animal in their possession, the chances of you getting your animal back with all body parts intact and alive are slim to none. Once they take possession of your animal, if it is questionable to having any wolf content in it, your animal is likely to be euthanized regardless of whether your animal is guilty of committing any crimes or not.

The Humane Society of the United States (HSUS) for many years has been on a crusade to have our choice of companions wiped off the face of the earth. The HSUS has spent many hours and many dollars to "educate" veterinarians and animal control officers on "how to identify a wolfdog".  The HSUS is responsible for using scare tactics to convince veterinarians across the country that are animals are "time bombs" and all "need to be humanly euthanized". So you see, the odds are stacked against your animal, before the AC officer comes knocking on your door.

Steve's case is one that we ALL need to learn from. He was nice, he was polite, he played the rules by the book, HE DID NOT BACK DOWN, NOR ALLOW HIMSELF TO BE THREATENED. Steve asked for the STATUTORY AUTHORITY, he read the document that they PRODUCED and KNEW it did not apply to his animals. HE DID NOT BUCKLE UNDER PRESSURE !!!!!
 

I again ask you.... "Animal Control is knocking at your door, what do you do?"

First rule.....DO YOUR HOMEWORK NOW!!
Do research and find out in your area what Animal Control can legally do, and what they can't do.

What constitutes a legal search warrant?
Is there a sworn affidavit under oath as to the facts of the warrant? No?
Then it is not legitimate and AC has no grounds to stand on. Is there a court seal on the search warrant?

Did the judge sign it? Do you know who the judges are in your area? NO? Then make a check list and write all of this information down for future reference.

You need to be prepared before Animal Control comes knocking on your door.
Make a list of what you need to check for and what documents they must provide. Keep this list in a handy place, that is easily accessible. When animal control is at your doorstep is not the time to be searching for paperwork.

Imagine the look on the AC Officers face or the police officer when you pull out a check list for a proper warrant. Remember  they are PUBLIC SERVANTS, not the other way around.

Also, be nice, show tact, but stand your ground. Your animals lives are depending on what you do it this situation.
 

There are three important rules to remember:

1. Answer only what you are REQUIRED to answer
2. Keep your mouth shut, do not volunteer any unnecessary information.
3. Don't say anything to jeopardize your animals lives.

Ask for:

1.  A search warrant. Make sure that it is signed by a judge, has a court seal, and has YOUR name spelled correctly on it.

2.  What is the AC's STATUTORY AUTHORITY to do what they are attempting to do. E.G. If they are claiming your animals are "dangerous", what proof do they have of this? Who made the determination?
 
What is the statutory authority for entering onto your private property uninvited? This could be trespassing.....

What is their statutory authority for claiming they can seize your property?
 In Steve's case it was 1.) IF the animal was being abused (not applicable) or 2.) IF  the animal was a threat to the immediate public (not an issue). Remember, the animal they were trying to seize was Loki, the one who stayed on the porch and was inside the house. Macuwi was the one who was in the school yard, but it was Loki who they were trying to confiscate.

3.  Have a back up plan! If AC does knock on your door, and by chance does not have the proper documents, they will eventually have to leave and return later.  In the meantime, HAVE a safe haven for your animals to go into until things cool down a bit. This needs to be well thought out and plans made in advance. When AC returns, they can not seize property that is no longer in your possession.

Remember, once they seize your animal it is as good as dead. Don't let this happen, it doesn't have to end this way.

Please take heed to this warning! There are too many animals being snatched from their homes because owners do not know their rights, and the "authorities" will try and use intimidation tactics to make you surrender your animals to them. Just because they are wearing a badge, does not mean they are following the law to the letter, make sure you know what they can
and can not do!

Animal Control and Your Rights
 

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